Statute of Limitations (Sales) Flashcards
Generally, how long is the Statute of Limitations for a contract action
6 years
How long is the Statute of Limitations for an action under the UCC?
4 years
Generally, on a warranty claim, the Statute of Limitations begins to run when the goods are
tendered or delivered.
Can the parties, by agreement, extend the UCC Statute of Limitations?
NO
Can the parties, by agreement, generally reduce the UCC SOL?
Yes
If the parties agree, how short can the UCC SOL be?
1 year
exceptions to the UCC 4-year Statute of Limitations
tolling and estoppel; these are equitable doctrines designed to reduce potential harm resulting from the Statute of Limitations.
The UCC leaves this up to the courts in each jurisdiction. UCC 2-725(4)
These doctrines often apply when the defendant misled the plaintiff by words or action.
Does it matter when the buyer discovered the defect?
No
Does it matter when the buyer discovered the defect?
No
Does it matter if the customer does not even use the goods before the 4-years Statute of Limitations expires?
No
If the seller is obligated to install the goods when is tender/delivery?
when installation is complete
City of Bedford v. James Leffel & Co.
The defendant may be equitably estopped from pleading the statute of limitations as a defense if the plaintiff delayed the commencement of litigation in reliance on statements by the defendant promising to remedy an alleged defect or breach.
Electric Insurance Co. v. Freudenberg-NOK, Gen. Partnership
Claims for indemnity are independent actions with distinct statutes of limitations from the underlying basis for the claims.
Suvada v. White Motor Company
Privity is not required for a products-liability action against a manufacturer.
